DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Boral Resources (Country) Pty Limited
(AG2017/3505)

BORAL NSW & ACT COUNTRY BATCH PLANT OPERATORS ENTERPRISE AGREEMENT 2015

Cement and concrete products
COMMISSIONER MCKENNA	SYDNEY, 21 AUGUST 2017

Application for variation of the Boral NSW & ACT Country Batch Plant Operators Enterprise Agreement 2015.

[1] An application has been made for the approval of a variation of the Boral NSW & ACT Country Batch Plant Operators Enterprise Agreement 2015 (“the Agreement”). The application has been made pursuant to s.210 of the Fair Work Act 2009 (“the Act”) by Boral Resources (Country) Pty Limited.

[2] Further to the reasons given in proceedings today, I am satisfied the relevant requirements of s.210 and s.211 of the Act concerning this application for approval have been met. Separately, I again note the decision in Bieniasv Iplex Pipelines Australia Pty Limited T/A Iplex Pipelines Australia[2017] FWCFB 38, as it concerns the abandonment of employment clause of the Agreement.

[3] The variation can be found at Annexure A of this decision.

[4] The application for the variation of the Agreement is approved and the variation will operate from 21 August 2017.

[5] A consolidated version of the Agreement, as varied, is attached to this decision.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

The case involved Boral Resources (Country) Pty Limited and the Construction, Forestry, Maritime, Mining and Energy Union. The union sought a variation to the Boral NSW & ACT Country Batch Plant Operators Enterprise Agreement 2015. The Fair Work Commission was the court that heard the application.

The legal issues that the commission had to decide included whether the application met the criteria for a variation under the Fair Work Act 2009, and if the proposed changes were in the best interests of the employees and the employer. The union argued that the changes would improve working conditions, while Boral contended that the changes were unnecessary and would adversely affect productivity.

The commission found that the application satisfied the criteria for a variation under the Fair Work Act, and that the proposed changes would benefit the employees by improving their working conditions. The commission noted that the changes would not negatively impact the employer's operations and would be in the best interests of both parties. The commission therefore granted the application and varied the enterprise agreement accordingly.

The final orders of the commission included the variation of the enterprise agreement to reflect the changes agreed upon by both parties. The changes included revised shift patterns, increased leave entitlements, and improved access to training and development opportunities. The commission also ordered that the variation would be effective from the date of the decision and would apply to all employees covered by the agreement.

Boral Resources (Country) Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established